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(영문) 대구지방법원 2013.09.13 2013고단3733
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Around May 28, 2013, the Defendant threatened the victim with a blade (34cm in length, 20cm in knife length, 20cm in knife length) which is a dangerous object that the victim had had on the ground that the victim had not come well and had other male, in front of the victim's residence located in Daegu North-gu D, Daegu, on the street around May 28, 2013, when the victim had been living together with his house of the defendant from January 2013, and the victim had been living together with his house of the defendant, and threatened the victim with a knife (20cm in length) face of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to photographs showing pressure drums to a suspect);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that there is no history of the confession and reflect on the crime, and there is no serious criminal punishment. However, the risk of the crime of this case and the risk of recidivism cannot be ruled out since the defendant still resides in the same area as he/she is living in the same area, even though he/she has a large risk of harm and injury, such as where the defendant concealed a deadly weapon in his/her body and used it to threaten the victim by leaving the deadly weapon in his/her body, etc.

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